5.  The applicants were born in 1949 and 1953 respectively and live in Legionowo.
6.  In the evening of 3 August 2000 the applicants' son and his two friends, T.D. and G.S. were drinking beer on a street in Legionowo. After G.S. broke a windowpane on a notice board, they fled.
7.  In connection with that event, at about 10.45 p.m. on the same day, Paweł Lewandowski was arrested by two police officers, M.K. and A.J. The police officers established the identity of the applicants' son and ordered him to get into the police car. The applicants' son kept asking about the reasons for his arrest. He rang his sister from his mobile phone to inform her about the situation. One of the police officers asked Paweł Lewandowski “if he did not like something”. The other police officer asked him where he lived and later said that they would bring a charge against him of assaulting a police officer.
8.  Shortly afterwards the police officers ordered the applicants' son to leave the car. After crossing the street, they knocked him over and started kicking him. In reaction to that, Paweł Lewandowski began insulting and uttering threats against the police officers. That incident was observed by D.G. from a nearby estate.
9.  At about the same time the two friends of Paweł Lewandowski, T.D. and G.S. were arrested by other police officers.
10.  Subsequently, the applicants' son was driven to the Legionowo police station. He signed the record of arrest which stated that he was suspected, among other things, of insulting and assaulting a police officer. The applicants' son did not complain about his state of health. It was established by breathalyser test that he had a blood alcohol level of 1.38. The applicants' son did not receive any medical assistance during his detention at the police detention centre, despite showing visible signs of injury.
11.  Paweł Lewandowski was released from detention on 5 August 2000 at about 10 a.m. On his release, he went with his parents to see a doctor. On 5 August 2000 Dr D.S. issued a medical certificate for the applicants' son which read as follows:
“Condition after assault. Swelling and reddening of left upper eyelid. Ecchymoses on the left side of the forehead, right side of the neck and inside area of both arms. Light pressure pain in the area of the back of the head and in the area below the right side of the ribs.”
(b) The Government's account of facts
12.  The applicants' son was arrested on 3 August 2000 on suspicion of destroying public property. He was also said to have kicked and smashed private cars while fleeing the scene. He had been intoxicated as he had been drinking beer with his two friends, T.D. and G.S.
13.  Two police officers, M.K. and A.J., arrived at Aleja Róż where the other police team attempted to arrest the perpetrators of the misdemeanour. On approach the police officers noticed three men fleeing into a forest. The applicants' son was caught first. While resisting arrest, he slapped and kicked police officer M.K on the right thigh. The police officers had recourse to force during the arrest to the extent that had been necessary in view of the applicants' son's conduct. The applicants' son was pulled to the ground after a brief struggle. He was later handcuffed as he had still been aggressive. The applicants' son used very abusive and insulting language towards the police officers and he uttered very serious threats. Two other men were arrested by the second police team in the forest.
14.  On 11 August 2000 Paweł Lewandowski made a criminal complaint to the Legionowo District Prosecutor against the police officers, alleging that they had beaten him during his arrest and that his arrest had been unlawful. The applicants' son submitted that the whole incident had been seen by a witness from a nearby estate. He provided the name and address of that witness. He also enclosed a medical certificate issued on 5 August 2000 confirming his injuries.
15.  The District Prosecutor heard evidence from the applicants' son on 1 September 2000. Paweł Lewandowski stated that on 3 August 2000 at about 10 p.m. he had been arrested by two police officers while walking down Aleja Róż with two of his friends, G.S. and T.D. He further testified that he had been arrested as the alleged perpetrator of the damage to the windowpane and that he had been beaten by the police officers.
16.  On 1 October 2000 the District Prosecutor opened an investigation into the allegations of abuse of power by the police officers during the arrest of the applicants' son.
17.  On 25 October 2000 T.D. was heard by the prosecutor. He maintained that on 3 August 2000 he and his friends, Paweł Lewandowski and G.S., had gone to Suwalna Street in Legionowo to collect G.S.'s mother. While waiting for her T.D. had suddenly heard the sound of the windowpane being broken and he and his friends had decided to run away. T.D. further stated that while walking down Aleja Róż he and G.S. had noticed a police car and immediately fled. T.D. explained that behaviour by the fact that they were intoxicated and were holding beer. T.D. further stated that he had seen one of the police officers standing next to Paweł Lewandowski, but had not noticed any violence. He declared that he had not witnessed the applicants' son being caught.
18.  On an unspecified date G.S. was heard. He confirmed the initial course of events. However, he stated that he had seen one of the police officers who had arrested Paweł Lewandowski hit and kick him.
19.  On an unspecified date the prosecutor heard evidence from D.G. That witness testified that in the evening of one of the days at the beginning of August 2000, while standing by the gate of his house, he had noticed an unknown man being kicked and hit by two police officers. D.G. also stated that he had not witnessed the incident from the beginning.
20.  Police officers M.K. and A.J., who arrested the applicants' son, testified on 3 and 7 November 2000 respectively. They admitted that they had used coercive measures against Paweł Lewandowski because he had actively resisted his arrest and had been aggressive. They denied that they had kicked him.
21.  On an unspecified date the prosecutor heard evidence from J.Z., a duty officer at the Legionowo Police Station. He stated that the police officers who had arrested the applicants' son had informed him on their return that they had had to use coercive measures because of the aggressive behaviour of the arrested persons.
22.  In the course of the investigation the District Prosecutor also established that on 27 October 2000 the prosecution service had filed a bill of indictment against Paweł Lewandowski in connection with alleged assault on the arresting police officers (case no. 1Ds. 1167/00, see below).
23.  On an unspecified date the prosecutor heard evidence from two other police officers, P.W. and S.P., who had taken part in the arrest of Paweł Lewandowski and his two friends on 3 August 2000. Police officer P.W. testified that he had heard the man arrested by police officer M.K. insulting the latter and uttering threats. Police officer S.P. stated that he had seen Paweł Lewandowski hit police officer M.K. in the face and leg. He further stated that police officers M.K. and A.J. had overpowered Paweł Lewandowski. Police officer S.P. denied that police officers M.K. and A.J. had used unlawful force during the arrest.
24.  On 8 December 2000 the District Prosecutor ordered the preparation of a forensic report. According to that report dated 16 December 2000 Paweł Lewandowski sustained the following injuries as a result of an assault on 3 August 2000:
1) an injury to his head without loss of consciousness with suspected concussion, which was not confirmed by an electroencephalography examination;
2) ecchymoses on the left side of the forehead;
3) an injury to the area of the left eye socket with swelling and reddening of the left upper eyelid;
4) an injury to the left side of his neck with ecchymoses;
5) an injury to the back of his head with pressure pain;
6) an injury to both arms with ecchymoses on the inside area;
7) an injury to the area below the right part of the ribs with pressure pain.
The forensic report concluded that the injuries sustained by Paweł Lewandowski were to be considered light bodily injuries lasting no longer than seven days within the meaning of Article 157 § 2 of the Criminal Code. It concluded that:
“those injuries could occur in the circumstances described by the victim”.
25.  On 28 December 2000 the Warsaw Regional Prosecutor decided to prolong the investigation. The Regional Prosecutor considered that further evidence needed to be obtained.
26.  The Government submitted that on 5 January 2001 the District Prosecutor had commissioned a further expert report on the character of Paweł Lewandowski's injuries. According to that report of an unspecified date, it was not possible to establish on the basis of the medical certificate of 5 August 2000 what had caused the said injuries. The Government have not produced a copy of that report.
27.  On 23 March 2001 the Legionowo District Prosecutor discontinued the investigation into the allegations of the abuse of power by the police officers. The prosecutor refused to prosecute the police officers in respect of the offences specified in Articles 231 § 1 and 158 § 1 of the Criminal Code, finding that there was not enough evidence to support the conclusion that they had committed those offences.
28.  The District Prosecutor had regard to the fact that two of Paweł Lewandowski's friends, T.D. and G.S., when heard on 4 August 2000 in case no. 1Ds. 1167/00, had stated that they had not seen the arrest of the applicants' son. The prosecutor found that the above statements contradicted the evidence given by T.D. and G.S. in the course of the present investigation. Having regard to the above and to the fact that they were close friends of the applicants' son, the prosecutor observed that their evidence could not be considered reliable.
29.  The District Prosecutor found that the version of events as presented by the police officers who had arrested Paweł Lewandowski was to be considered reliable. In the prosecutor's view, their version of events was also corroborated by the forensic report dated 16 December 2000. According to that report, Paweł Lewandowski's injuries could have resulted from using knees to restrain him, or kicking, or from falling on to a hard surface. The prosecutor further found that there was no other evidence which could indicate beyond doubt that the victim's version of the events was true.
30.  On 17 April 2001 Paweł Lewandowski lodged an appeal against that decision with the Warsaw Regional Prosecutor. He contested, in particular, the finding that the evidence of T.D. and G.S., could not be considered credible on the ground that they were close friends of the victim and wanted to present the facts in a particular way. Paweł Lewandowski also emphasised that the testimony of an independent witness, D.G., who had seen the police officers kicking him, had been disregarded.
31.  On 16 May 2001 the Warsaw Regional Prosecutor upheld the decision of 23 March 2001 and transmitted the applicants' son's appeal to the Legionowo District Court for review. The Regional Prosecutor considered that the lower prosecutor had correctly assessed the evidence obtained in the case. The evidence did not justify a finding that the police officers had abused their powers. The Regional Prosecutor further found that in accordance with a medical report attached to the file injuries sustained by Paweł Lewandowski might have resulted from being struck or kicked or from falling down on a hard surface. It was thus not possible to establish the origin of those injuries.
32.  On 27 May 2001 Paweł Lewandowski committed suicide by hanging himself in his parents' garage.
33.  On 28 September 2001 the Legionowo District Court held a hearing. The hearing was attended by a representative of the Helsinki Foundation for Human Rights. According to the report prepared by that representative, the District Prosecutor R.G. stated during the hearing that police officers had beaten the applicants' son.
34.  On the same day the District Court upheld the District Prosecutor's decision of 23 March 2001. It reasoned its decision as follows:
“The appeal is not justified and could not be upheld. The prosecutor conducting the investigation had obtained all available evidence in the case, had thoroughly and impartially assessed that evidence and had reached the correct decision. It is not justified to assert that [the prosecutor] arbitrarily considered that witnesses T.D. and G.S. were not reliable, since those witnesses, according to their own statements, had not seen the very moment of the victim's arrest and could not pronounce on the reasonableness of the use of force against the victim. The testimony of D.G., contrary to the victim's assertions, does not confirm that the police officers had abused their powers, because he [D.G.] did not see the beginning of the incident. However, the testimonies of the intervening police officers are logical, consistent and concurring.”
35.  On 4 August 2000 the police opened an investigation against the applicants' son. He was charged with assaulting and insulting police officers (offences specified in Articles 222 § 1 and 226 § 1 of the Criminal Code). The applicants' son maintained that he had been taken out of the police car and beaten. In reaction to that, he had insulted the police officers.
36.  On 4 August 2000 police officers M.K. and A.J. testified. They stated that they had encountered difficulties when apprehending the applicants' son since he had resisted. For this reason, they had used their truncheons and struck him on the buttocks. They had handcuffed him with serious difficulty. Both police officers stated that Paweł Lewandowski had used offensive language and uttered threats against them.
37.  Police officer S.P., who had been in the second police team participating in the arrest, stated that he had seen Paweł Lewandowski slapping and kicking police officer M.K. He further stated that the applicants' son had insulted the second police team using very offensive words.
38.  On the same day police heard a certain E.D. who lived in the block of flats where the windowpane was destroyed. He testified that on 3 August 2000 at about 10 p.m. when standing on his balcony he had noticed three men who were being very loud, drinking beer and cursing. One of them had broken a metal doormat which was in front of the building. The witness' wife asked them what they were doing there. She had received an offensive response and one of the men threw the doormat into a nearby garden. In the meantime another of them broke the windowpane. Subsequently, they had begun to flee. While fleeing, one of the men had kicked cars parked nearby and their alarms had gone off.
39.  On 27 October 2000 the Legionowo District Prosecutor filed with the Legionowo District Court a bill of indictment against the applicants' son. He was charged with assaulting police officer M.K. during his arrest, insulting that police officer and uttering threats against him. He was also charged with insulting and uttering threats against police officer A.J.
40.  On 18 May 2001 the District Court held a hearing. On 13 June 2001 the proceedings against the applicants' son were discontinued due to his death.